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HB26-1218 • 2026

Clarifying Validity of Common Law Marriage

Statutory Revision Committee. Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marri

Budget
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. C. Espenoza, Rep. S. Luck, Sen. M. Ball, Sen. M. Catlin, Rep. B. Bradley, Rep. M. Carter, Sen. J. Coleman
Last action
2026-04-06
Official status
Senate Second Reading Laid Over to 04/02/2026 - No Amendments
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on the specific rules for common law marriages entered after September 1, 2006.

Clarifying Validity of Common Law Marriage

This bill restores a part of Colorado law that was removed in 2025 to ensure common law marriages are still valid.

What This Bill Does

  • Restores a part of the law that was taken away by another bill in 2025.
  • Makes clear that certain marriage formality rules do not cancel out an otherwise valid common law marriage.

Who It Names or Affects

  • People who have or want to enter into common law marriages in Colorado.

Terms To Know

common law marriage
A relationship between two people who live together and act as if they are married, even without a formal ceremony or license.

Limits and Unknowns

  • The bill does not specify the exact rules for common law marriages entered after September 1, 2006.
  • It only applies to the state of Colorado.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

Second Reading

Passed [**]

Plain English: The amendment adds a safety clause to the bill, stating that the act is necessary for public peace, health, or safety, or for state appropriations.

  • Adds a new section called 'Safety clause' to the bill.
  • The specific impact of adding this safety clause on the overall bill's implementation and interpretation is not detailed in the amendment text.

Bill History

  1. 2026-04-07 Senate

    Senate Third Reading Passed - No Amendments

  2. 2026-04-06 Senate

    Senate Second Reading Laid Over to 04/02/2026 - No Amendments

  3. 2026-04-06 Senate

    Senate Second Reading Passed - No Amendments

  4. 2026-03-31 Senate

    Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole

  5. 2026-03-12 Senate

    Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  6. 2026-03-09 House

    House Third Reading Passed - No Amendments

  7. 2026-03-06 House

    House Second Reading Special Order - Passed with Amendments - Floor

  8. 2026-03-05 House

    House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole

  9. 2026-02-17 House

    Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Official Summary Text

Statutory Revision Committee.
Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marriage. The bill restores that provision to clarify the validity of common law marriage.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0670.01 Shelby Ross x4510 HOUSE BILL 26-1218
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING CLARIFYING THE VALIDITY OF COMMON LAW MARRIAGE101
BY RESTORING A PREVIOUSLY REPEALED PROVISION. 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Statutory Revision Committee. Senate Bill 25-014, enacted in
2025, repealed a provision of law that stated certain marriage formality
requirements do not invalidate an otherwise valid common law marriage.
The bill restores that provision to clarify the validity of common law
marriage.
SENATE
3rd Reading Unamended
April 7, 2026
SENATE
2nd Reading Unamended
April 6, 2026
HOUSE
3rd Reading Unamended
March 9, 2026
HOUSE
Amended 2nd Reading
March 6, 2026
HOUSE SPONSORSHIP
Espenoza and Luck, Bradley, Carter,
SENATE SPONSORSHIP
Catlin and Ball, Coleman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 14-2-104, recreate2
and reenact, with amendments, (3) as follows:3
14-2-104. Formalities.4
(3) T HIS SECTION DOES NOT REPEAL OR INVALIDATE ANY5
OTHERWISE VALID COMMON LAW MARRIAGE:6
(a) ENTERED INTO PRIOR TO SEPTEMBER 1, 2006; OR7
(b) E NTERED INTO ON OR AFTER SEPTEMBER 1, 2006, AND8
COMPLIES WITH SECTION 14-2-109.5.9
SECTION 2. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
1218-2-